Booker v. Griffin et al

Filing 257

ORDER granting 256 Letter Motion for Extension of Time to File. Plaintiff's request for an extension, with Defendants' consent, is GRANTED. The briefing schedule for the cross-motions for summary judgment is modified as follows: (i) Plaintiff's cross-motion and opposition papers shall be served (not filed) on September 9, 2022; (ii) Defendants' reply and cross-opposition papers shall be served (not filed) on October 10, 2022; and (iii) Plaintiff's cross-reply papers shall be served on November 8, 2022. All motion papers shall be filed on November 8, 2022. The Clerk of Court is kindly directed to terminate the motion at ECF No. 256. (Signed by Judge Nelson Stephen Roman on 6/21/2022) (ate)

Case 7:16-cv-00072-NSR-PED
Filed on
06/21/22
Page 1Page
of 2 1 of 2
Case 7-16-cv-00072-NSR
Document Document
256 Filed257
in NYSD
06/17/2022

Paul J. Kremer
Direct: +1 212.351.2647
Fax: [phone]
[e-mail]

June 17, 2022
VIA CM/ECF
Hon. Nelson S. Román
United States District Court
Southern District of New York
300 Quarropas Street
White Plains, NY 10601

6/21/2022

Re: Booker v. Griffin, et al., 16 Civ. 72 (NSR) (PED)
Dear Judge Román:
I write as counsel for Plaintiff Amin Booker in the above-captioned case to
respectfully request a sixty-day adjournment of Plaintiff’s filing deadline for his crossmotion and opposition to Defendants’ motion for summary judgment. I make this request
because Mr. Booker’s correctional facility has made it extremely difficult to schedule prompt
legal calls.
Since April 7, 2022, the date Defendants’ filed their motion for summary judgment,
we have only been able to speak with Mr. Booker once about his case, on June 10, 2022,
despite repeated attempts to schedule calls through DOCCS. Initially, we had a call
scheduled with Mr. Booker on May 10, 2022. When we called the facility that day, they
stated that Mr. Booker was unavailable to speak with us, but they would not disclose the
reason due to HIPAA restrictions. On that same day, we sent a follow up request to DOCCS
to schedule another call. They responded on May 16, 2022 stating that none of our three
requested dates were available. The earliest date provided to us was June 8, 2022.
Eventually, on June 10, 2022, we were able to speak with Mr. Booker for the first
time since Defendants’ April 7, 2022 filing. However, the call was unexpectedly cut short by
the facility and hindered by technology issues. We subsequently called the facility and sent a
follow up email to DOCCS stressing the importance of our July 11, 2022 deadline, and
requested that they allow us to speak with Mr. Booker again on the weeks of June 27th and
July 5th so that we could adequately prepare his response. However, they denied the request,
stating that:
“As per Departmental Policy, incarcerated individuals are allowed
one 30 minute legal call every 30 days” and therefore we could request
another phone call to be scheduled on or after July 10, 2022 (the day
before our deadline).

Case 7:16-cv-00072-NSR-PED
Filed on
06/21/22
Page 2Page
of 2 2 of 2
Case 7-16-cv-00072-NSR
Document Document
256 Filed257
in NYSD
06/17/2022

Honorable Paul E. Davison
June 17, 2022
Page 2
We have conferred with Defendants’ counsel and he has consented to our
adjournment request. If the Court grants this request, the remaining deadlines will be
adjusted as follows: (i) Plaintiff’s cross-motion and opposition papers shall be served not
filed on September 9, 2022, (ii) Defendants’ reply and cross-opposition papers shall be
served not filed on October 10, 2022, and (iii) Plaintiff’s cross-reply papers shall be served
on November 8, 2022, and all motion papers will be filed that day.
Respectfully submitted,

Paul J. Kremer
cc:

Counsel of record (via CM/ECF)

Plaintiff’s request for an extension, with Defendants’ consent, is GRANTED. The briefing
schedule for the cross-motions for summary judgment is modified as follows: (i) Plaintiff’s
cross-motion and opposition papers shall be served (not filed) on September 9, 2022; (ii)
Defendants’ reply and cross-opposition papers shall be served (not filed) on October 10, 2022;
and (iii) Plaintiff’s cross-reply papers shall be served on November 8, 2022. All motion papers
shall be filed on November 8, 2022. The Clerk of Court is kindly directed to terminate the
motion at ECF No. 256.
DATED: June 21, 2022
White Plains, NY